| DARELYN CLAUSE, AS ADMINISTRATRIX OF THE ESTATE OF KYLE C. ATKINS, DECEASED V WILLIAM J. FLYNN, JR., M.D. AND JAMES K. |
| Motion No: CA 16-01070 |
| Slip Opinion No: 2016 NY Slip Op 78954(U) |
| Decided on July 6, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01070
| DARELYN CLAUSE, AS ADMINISTRATRIX OF THE ESTATE OF KYLE C. ATKINS,
DECEASED, PLAINTIFF-APPELLANT, V WILLIAM J. FLYNN, JR., M.D. AND JAMES K. FARRY, M.D.,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 23, 2016,
Now, upon reading and filing the affirmation of Jarrod W. Smith, Esq., dated June 16, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: July 6, 2016
Frances E. Cafarell, Clerk